Parking ticket

Hamster8

Please help! PCN!

I was sent a PCN for parking in a private car park for 6 mins. It was a genuine mistake, I drove in and waited in the car park with the engine running for 6 mins whilst my husband picked up a prescription from a near by pharmacy, there were no barriers and I have no idea that it would result in a parking fine. 

I appealed the fine, claiming mitigating circumstances, unclear signage and a disproportionate fine (£100 for 6 mins). They rejected my appeal, but only commented on the unclear signage in their response. I responded to that asking them to answer the other two points I had raised and they did not reply. Now 6 months on I have had a Letter before Claim letter from Gladstones solicitors. 

I have read through the very helpful thread for what to do now and will send the PPC a SAR and notify Gladstones but I'm finding the whole situation very stressful. 

What are the chances of success here? If it goes to court can I win based on the disproportionate fine alone? Should I still ask for photos in the SAR despite the fact that there were photos on the account on the PPC website?

Any advice for this next stage greatly appreciated

Many thanks 

Fruitcake

It is not a fine.

You can't win on the charge being disproportionate; not since the Beavis Supreme Court case crushed that in 2015.

The template defence has many points that you can use, including signage.

What is the name of the PPC please? Were you offered a second stage appeal (PoPLA or IAS)?

Plan A is always to complain to the landowner and your MP.

Being in the car with the engine running is still parking but picking up or dropping off is not as determined in the Jopson v Homeguard appeal case.

Tell Gladstones that whilst you deny the debt you are seeking debt advice and require the case to be put on hold for 30 days as per court pre-action protocol. That will give you more time to get your head around this.

The SAR should ask for all your personal data the PPC holds about you. This will include photos of the car.

Hamster8

Thanks for this the PPC is Manor Parking Limited. 

I was offered a second stage appeal but I didn't do this as I was waiting for a reply to my second letter and now obviously the time has elapsed. 

I imagine now I am now past the point of doing Plan A? 

The husband was in the car with me when we arrived and then popped into the pharmacy, I waited for him outside in the car park 

Coupon-mad

I have had a Letter before Claim letter from Gladstones solicitors.

No worries, no claim yet then, and if you do we have 99% win rate.  Have done since 2016, based on people who reported their outcomes (including claims that were discontinued) after following all our advice to the letter.  You may never get a claim, Gladstones do not always do that, depends on their instructions and Manor Parking are not known to litigate.

Fruitcake

It is never too late to carry out Plan A.

Hamster8

I will try contacting my MP and landowner. I can't seem to find who the landowner is on google, and it does not appear to be on any of the letters. How can I find out who the landowner is? Can I ask the company through the SAR?

Many thanks

KeithP

Hamster8 said:

I will try contacting my MP and landowner. I can't seem to find who the landowner is on google, and it does not appear to be on any of the letters. How can I find out who the landowner is? Can I ask the company through the SAR?

Many thanks

You can ask the company through a SAR but they won't tell you.
A SAR is for retrieving your personal data for them. The landowner's details are not your personal data.

@Umkomaas often posts guidance on how to find out landowner's details.

You haven't told us where this parking event happened. Has it cropped up here before?
Someone might already know the information you are seeking.

Hamster8

You haven't told us where this parking event happened. Has it cropped up here before?
Someone might already know the information you are seeking.

It happened in Lottie Road car park in Selly Oak in Birmingham. Apparently they are serial scammers 

Grizebeck

Manor Parking are such a tin pot outfit

Umkomaas

@Umkomaas often posts guidance on how to find out landowner's details

SOME IDEAS ON DETERMINING WHO OWNS THE LAND 

1. Google searches

2. If a retail park, check on any signage which lists the on-site outlets

3. Ask retailers on the site if there is a managing agent

4. Ask retailers on the site to whom do they pay rent

5. Contact the local authority and ask who pays the non-domestic/business rate for the car park (some councils have a spreadsheet on their website)

6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 

7. Contact The Land Registry and for around £3 they should be able to provide definitive detail

8. If you haven't already done so, give us the name of the car park/site/location, we may have seen other cases there. 

Grizebeck

I woudnt be surprised if manor parking lease or own this spot of land as they only have about 2 or3 car parks which are all in birmingham
Pay and Display type